Ex Parte Caudill et al - Page 11


                Appeal 2007-1112                                                                             
                Application 10/692,116                                                                       

                by reactive gases.  (FF 11).  Caudill has directed us to no evidence                         
                establishing that aluminum is a metal that would not be subject to attack by                 
                reactive gases.                                                                              
                                          Haldenby, Seal, and Luttmann                                       
                      Claims 3-5 and 10-13 are rejected over the combination of Haldenby,                    
                Seal, and Luttmann.  These claims require that the plastic liner is a                        
                polyethylene copolymer.  Haldenby discloses a liner that is a polyethylene                   
                polymer but does not disclose a copolymer.                                                   
                      The Examiner relies upon Luttmann which discloses lining a                             
                container, such as a metal can, that is lined with, e.g., “a copolymer of                    
                polypropylene and polyethylene.”  (FF 22).   According to the Examiner,                      
                “[i]t would have been obvious to modify the coating [of Haldenby] ….in                       
                order to get the benefit of another plastic material in addition to the benefit              
                of polyethylene.”  (Ex. Ans. at 4).                                                          
                      Haldenby and Luttmann each disclose metal cylinders for containing                     
                liquid material.  As explained by the Examiner, the cylinders of Haldenby                    
                and the cylinders of Luttmann are designed to withstand pressure exerted                     
                from their contents. (Ex. Ans. at 6).  The Examiner’s reasoning that it would                
                be obvious to use a plastic liner that was used in the cylinder of Luttmann as               
                the polymeric material to be used in the cylinder of Haldenby is sound.  We                  
                note that Haldenby generally calls for any suitable polymeric material that                  
                would prevent the cylinder contents from contacting the metal portion of the                 
                cylinder and gives a polyethylene polymer as an example of the material.                     
                Luttmann discloses a polypropylene/polyethylene copolymer liner material                     
                that prevents the cylinder contents from contacting the metal portion of the                 

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